Avodah Zarah, Daf Nun Vav, Part 3
Introduction
In yesterday s section we learned that when R. Akiva said that once the liquid has been skimmed it is considered wine, he was referring to the skimming that takes place in the vat, not later in the cask. But today we see a baraita in which R. Akiva seems to refer to skimming in the cask.
והתני רב זביד בדבי רבי אושעיא יין משירד לבור ויקפה
ר"ע אומר משישלה בחביות
But did not R. Zevid teach in a baraita from the School of R. Oshaia: [It is to be considered] wine when it descends into the vat and is skimmed; R. Akiva says: When it is drawn into casks!
In this version of the baraita, R. Akiva clearly states that it is not considered wine until it has been removed from the vat and put into casks.
תרצה נמי להך קמייתא הכי יין משירד לבור ויקפה ר"ע אומר משישלה בחביות
You should also resolve that former baraita in this way: [It is considered] wine when it descends into the vat and is skimmed; R. Akiva says: When it is drawn into casks.
The Talmud now accepts this second baraita and reads the first baraita in its light. R. Akiva indeed holds that the liquid is not wine until it is put into the cask and there skimmed.
ואלא מתניתין דקתני אינו עושה יין נסך עד שירד לבור לימא תלתא תנאי היא
But what about our Mishnah which teaches, It does not become yayin nesekh until it descends into the vat, conclude that there are three tannaitic opinions.
There are now three tannaitic opinions as to when it becomes wine: 1) Mishnah when it goes into the vat; 2) Anonymous opinion in the baraita when it goes into the vat and is skimmed; 3) R. Akiva when it goes into the cask and is skimmed.
לא שאני יין נסך דאחמירו ביה רבנן ולרבא דלא שאני ליה מוקים ליה כתלתא תנאי:
No; it is different as regards yayin nesekh because for the rabbis were strict with it; but as for Rava who draws no distinction (between yayin nesekh and tithes), he indeed posits that there are three tannaitic opinions.
There are two resolutions to this difficulty. First of all, it may be that the entire comparison between tithes and yayin nesekh is unjustified. The rabbis were strict when it came to yayin nesekh the liquid is subject to becoming yayin nesekh as soon as it goes down into the vat, even before it is skimmed. The dispute was only with regard to tithes.
But Rava did use a baraita about tithes in his understanding of the mishnah. Therefore, he must posit that there are indeed three opinions.